When a mortgage loan borrower filed suit against her servicer for failing to respond to her qualified written request (QWR), a federal appeals court determined that her letters were not valid QWRs because they were mailed to the wrong address.
According to the court, Patricia Roth has been in default on her mortgage loan since September 2008. In April 2011, Roth’s attorney sent two letters to CitiMortgage, requesting specific information about her mortgage. The letters both stated that they were QWRs. CitiMortgage replied to the letters, acknowledging the questions regarding servicing, but noting that Roth’s immediate concern was obtaining financial assistance. Roth’s attorney sent another QWR, stating that CitiMortgage’s response did not comply with RESPA.
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